SB524 (2019) Several Proposed Changes to Landlord & Tenants' Rights

Bills

Following is the digest for a bill being introduced in 2019: Residential landlord-tenant matters. Makes the following changes to the residential landlord-tenant statute: (1) Increases from 10 days to 14 days the time in which a tenant has to cure a failure to pay past-due rent before the landlord may terminate the lease. (2) Provides that a landlord may not initiate an eviction proceeding or otherwise terminate a tenant’s lease for certain alleged violations by the tenant unless the landlord provides the tenant with at least 14 days notice and the opportunity to cure the alleged violation. (3) Specifies that a landlord that seeks to terminate for any reason a leaseResidential landlord-tenant matters. Makes the following changes to the residential landlord-tenant statute: (1) Increases from 10 days to 14 days the time in which a tenant has to cure a failure to pay past-due rent before the landlord may terminate the lease. (2) Provides that a landlord may not initiate an eviction proceeding or otherwise terminate a tenant’s lease for certain alleged violations by the tenant unless the landlord provides the tenant with at least 14 days notice and the opportunity to cure the alleged violation. (3) Specifies that a landlord that seeks to terminate for any reason a leasefor: (A) a tenancy at will; or (B) a tenancy of not more than three months that extends from one period to the next; must serve advance written notice on the tenant within the statutory time frames for the determination of such tenancies. (4) In the case of a one-year rental agreement for a unfurnished rental unit, prohibits a landlord from requiring a tenant to pay as a security deposit an amount that exceeds one monthly installment of rent. (5) Requires a landlord to give a tenant at least 60 days written notice before: (A) modifying the rental agreement in any way; or (B) increasing the rent. (Current law requires a landlord to give at least 30 days written notice before modifying the rental agreement in any way.) (6) Requires a landlord to give a tenant at least 48 hours advance notice of the landlord’s intent to enter the tenant’s dwelling unit. (Current law requires a landlord to give reasonable notice of the landlord’s intent to enter a dwelling unit.) (7) Provides that before a landlord may bring a court action to enforce a statutory obligation of a tenant, the landlord must: (A) serve written notice on the tenant of the tenant’s noncompliance with the obligation; and (B) give the tenant at least 14 days from the date the notice is served to remedy the noncompliance. (Current law does not require the notice to be written and provides that the tenant must be given a reasonable amount of time to remedy the noncompliance.) (8) Defines: (A) “essential services” as certain utility services needed for the safe and habitable occupation by a tenant of the tenant’s rental unit; and (B) “essential systems” as certain systems used to deliver essential services to a rental unit. Requires a landlord to repair or replace an essential system not later than 24 hours after being notified by a tenant that the tenant’s rental unit is without essential services as a result of: (A) a malfunction in the essential system; or (B) the landlord’s failure to maintain the system in good and safe working condition. (9) Provides that a tenant may enforce a statutory obligation of a landlord by: (A) providing 30 days notice to the landlord of the landlord’s noncompliance with the obligation; and (B) if the landlord fails to make the repairs necessary to remedy the noncompliance, withholding from the next regular rental payment the estimated cost of the repairs and using the amount withheld to make the repairs. (10) Provides that during the pendency of a court action brought by a tenant to enforce a statutory obligation of a landlord, the court may order the tenant to make the regular rental payments otherwise due to the landlord under the rental agreement to: (A) the clerk of the court; or (B) an attorney trust account; to be held in trust for disbursal to the prevailing party, as ordered by the court. (11) Prohibits a court or the operator of a case management system from disclosing information relating to an eviction action: (A) if the case is dismissed, or if the tenant prevails in the action or upon appeal; or (B) upon order of the court after a petition to prohibit disclosure is made by the tenant: (i) not earlier than five years after a judgment of eviction against the tenant becomes final; or (ii) at least one year after the case was filed if the case remains pending with no judgment. (12) Establishes the Indiana eviction prevention and reduction program to: (A) avoid the filing of unnecessary eviction actions; and (B) reduce the number of eviction judgments entered; with respect to residential rental units. Provides that the Indiana housing and community development authority (authority) shall administer the program. Requires the authority to establish, not later than January 1, 2020, policies and procedures to implement and administer the program. (13) Provides that a landlord that knowingly: (A) advertises for rent in Indiana; or (B) enters, or offers to enter into, a rental agreement for the lease of; a rental unit for which an enforcement authority has issued an order under the unsafe building law; commits fraudulent leasing, a Class A misdemeanor.